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Selling a business isn’t as simple as signing a contract and shaking hands. Without the right legal support, you can run into serious problems, including:
Every business acquisition is different.
The legal work required will depend on whether you are buying business assets, shares in a company or a franchise, as well as the contracts, employees, premises, licences and intellectual property involved.
We tailor our advice to the transaction and work alongside your accountant, broker and other advisers where required.
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We review the sale agreement before you sign, explain its practical effect and identify clauses that may expose you to unnecessary risk.
Where the proposed terms do not adequately protect you, we negotiate amendments with the seller’s lawyer.
We investigate the legal rights, assets and obligations attached to the business.
If the business operates from leased premises, we review the lease and advise on its assignment or the negotiation of a new lease.
We help identify how employees will be treated as part of the transaction, including proposed offers of employment, continuity of service and responsibility for accrued entitlements.
We help confirm which assets are included in the sale and how ownership will be transferred.
We help identify required consents, change-of-control clauses and other conditions that should be satisfied before settlement.
We coordinate the legal settlement process, confirm that contractual conditions have been met and prepare or review the required transfer documents.
We ensure every clause, condition, and detail is reviewed so you’re not left exposed to hidden risks or unfair terms.
We manage the legal complexities so you can focus on running (or exiting) your business without unnecessary headaches.
We cut through the jargon and explain everything in plain terms, so you always know exactly where you stand and what to expect next.
Working with a lawyer will ensure the greatest chance of a successful sale.
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From drafting and reviewing contracts to negotiating terms and completing due diligence, we take care of the details that protect you.
Enjoy a smooth, stress-free settlement knowing every box has been ticked and your interests are safeguarded.
When it comes to selling a business, choosing the right lawyer makes all the difference. Here’s why business owners around Australia trust us:
It’s highly recommended and not advised to sell a business in Australia without a lawyer.
Selling a business involves complex contracts, transferring leases, employee obligations, and compliance with Australian and state laws. A lawyer ensures you’re legally protected and that the sale runs smoothly.
Ideally, you should engage a lawyer before signing a heads of agreement, offer, sale contract or other transaction document.
Obtaining advice early gives you a better opportunity to negotiate appropriate conditions and conduct due diligence before you become committed.
Due diligence is the process where the buyer investigates your business before settlement. It covers finances, contracts, leases, and liabilities. A lawyer helps present this information clearly and protects you from claims after the sale.
Our due diligence focuses on legal ownership, contracts, liabilities, employees, intellectual property, leases, licences and other legal risks.
Financial and tax due diligence should generally be completed by your accountant. We can work with your accountant so the findings are considered together.
You’ll need a business sale agreement, financial statements, lease documents, employee records, asset lists, and any licences or permits relevant to your industry.
Most business sales take between 4–12 weeks, depending on the size of the business, the complexity of the contracts, and how quickly both parties provide information.
Your lawyer will negotiate terms, ensure the contract reflects fair value, and protect you from clauses that could reduce your return or create future liability.
Employee entitlements such as leave, redundancy, and contracts must be addressed. Your lawyer will ensure these obligations are properly transferred or finalised to avoid disputes.
Yes, but the lease usually needs to be transferred (assigned) to the buyer. A lawyer manages this process and negotiates with the landlord to make sure your obligations end at settlement.
You risk being liable for debts, losing money through unfair terms, facing tax surprises, or having disputes with the buyer after settlement. Legal advice protects you from these issues.
Costs vary depending on the complexity of the sale. We offer fixed fees for standard transactions, so you know upfront what you’ll pay.
On settlement day, funds are transferred, and ownership of the business passes to the buyer. Your lawyer coordinates all of this to ensure a smooth handover.
An asset purchase involves acquiring agreed assets and rights used to operate the business.
A share purchase involves acquiring ownership of the company itself, meaning the company generally retains its existing assets, contracts and liabilities.
The appropriate approach depends on the transaction and should be reviewed with your lawyer and accountant.
Schedule a free virtual consultation with one of our knowledgeable business sale lawyers.
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